caucus, Commercial Mediation, Developing the Field, Experts, General, Joint Sessions, Lawyers, lawyers in mediation, Mediation Lawyering, Mediation Practice, mediation process, Mediation Users/Clients, Reflective practise, Scotland, Stages of mediation, The role of the mediator, Understanding mediation

(Core Solutions Group)/ /Leave a comment

Much has been said and written about the demise of the joint meeting in mediation. In my experience, such a view is premature and, I fear, is potentially wasteful of the power that mediation brings for creative problem-solving. I am also aware of how much the clients and others appreciate a creative approach to the…

Apologies, Buddhism, Dialogue, Fear, Transformation

(Bond & Bond Mediation / University of Wildau )/ /1 Comment

In some mediations, I ask myself why people so resolutely retain their anger, their bitterness, or their hurt for such long periods of time. Often mediation takes place only after a conflict has escalated and hardened and been going on for a while, in some cases many years. If feelings of anger and bitterness persist…

ADR, Cognitive Bias, Decision making, Dispute Resolution, Due Process, Ethics, Fear, Lawyers, Negotiation

(FORARB/Charles University)/ /2 Comments

You can get much farther with a kind word and a gun than you can with a kind word alone. Al Capone This popular quote attributed to the famous US mobster announce the use of force and other dirty tricks in negotiation. I do not especially like it. I would relativise it by the following…

ADR, Arbitration, Commercial Mediation, cross-border mediation, Dispute Resolution, Enforcement, Future of mediation, harmonisation of mediation law, International Mediation, mediated settlement agreement, New York Convention, Promoting Mediation, UN and International Organizations, Uncategorized, UNCITRAL, UNCITRAL Model Law

(Singapore International Dispute Resolution Academy)/ /Leave a comment

During its 68th session from 5 – 9 February in New York UNCITRAL Working Group II (Dispute Settlement) concluded its work on the preparation of an instrument or instruments on the enforcement of international commercial settlement agreements arising from mediation. In the mediation community we often refer to such settlements as (international) mediated settlement agreements…

Developing the Field, Efficiency, Future of mediation, Lawyers, Mediation Reforms (Legislation, etc.), Understanding mediation

(ADR Center Romania)/ /Leave a comment

This post was inspired by conversations with a group of people that I’ve joined last weekend for an amazing field trip in Southern Carpathians. In addition to breath-taking landscapes, mountains are teaching us many lessons, including listening, patience, hope and diversity of paths and destinations. Therefore, mountain walks are not only excellent opportunities for exercises…

ADR, memory, Memory and Illusions, Perception, Uncategorized

(Mediar360 - Dispute Resolution )/ /Leave a comment

During a trip to Vienna some time ago, I attended the “ICC Commission on Arbitration and ADR Meeting” where I had the opportunity to hear Toby Landau QC, a brilliant barrister and arbitrator from London, speaking about “Unreliable Recollections, False Memories and Witness Testimony”. He explained that memories are changeable and that experiences from past…

Below the line, Clients, Commercial Mediation, Communication, Community Mediation, Conflict, Conventional wisdom, Creativity, Dialogue, Dispute Resolution, Due Process, General, Instinct, Intuition, mediation as a career, Mediation Outcomes, Mediation Practice, mediation process, Mediation Users/Clients, Mediators’ Conduct, Perception, Playbook, Practical Challenges for Mediators, Reflective practise, Skills, Tips, Transformation, Understanding mediation

(Bill Marsh Mediator)/ /11 Comments

It’s not easy to blog once a month, even on a subject I love. Often I sit down to write with no real ideas or inspiration. Sometimes I end up that way too (as you may have noticed!). It becomes easy to dread the approach of my monthly publication date. Often the pressure lies in…

Dispute Resolution, Future of mediation, Legislation, Mandatory mediation, Mediation Practice, Mediation Reforms (Legislation, etc.), National Mediation Laws, Promoting Mediation, Reform, Regulation, Turkey

(Istanbul Bilgi University, Turkey)/ /Leave a comment

On 12 October 2017, the law numbered 7036 on labour courts was adopted making mediation mandatory in certain types of labour disputes in Turkey. Accordingly, a claim for the collection of receivables or compensation either by the employer or employee or for the reinstatement of an employee, must first be filed before a mediation bureau….

Commercial Mediation, Conflict, Dispute Resolution, Improvisation, Mediation Practice, mediation process, Reflective practise, Scotland, Skills

(Core Solutions Group)/ /5 Comments

Recently, I was ruminating about analogies between cricket and mediation. Cricket is a much-loved sport in Scotland. Sadly, nowadays, changes in the climate mean that cricket in my home country is more often affected by summer rain and damp conditions than a generation ago. Its future is less certain as a result. I have always…

Communication, Conflict, Dialogue, General, Mediation Practice, Neutrality, Practical Challenges for Mediators, The role of the mediator

(NZ Centre for ICT Law & School of Law, Auckland University)/ /Leave a comment

Many of my fellow bloggers on these pages, and perhaps many of the readers, will have found themselves in the position in which friends, colleagues, workmates or others call on your/our mediation experience at short notice, and in circumstances that are perhaps not ideal in terms of planning and preparation. One of the strategies I…